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Research On Legal Mechanism Of Risk Prevention And Control Forcommercial Bank Personal Financial Services

Posted on:2015-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:C W FanFull Text:PDF
GTID:2296330467467859Subject:Economic law
Abstract/Summary:PDF Full Text Request
Commercial Bank Personal Financial Services refer to that the commercial banksprovide their individual clients with a series of comprehensive and specialized financialservices, such as financial analysis, financial planning, investment consulting, assetmanagement and other services. With the improvement of people’s income level and theincrease of their demand for wealth increment and hedging, they are urging to do diversifiedinvestments, while the commercial bank personal financial servicesbecome an important wayto invest. Compared to those European and American countries, China’s income of thecommercial bank personal financial services shares a low proportion in banks’ businessincome, so there is a huge space for the commercial bank personal financial services todevelop. However, as the same as other financial services, the commercial bank personalfinancial servicesare also facing many risks in the course of its development, and how to dealwith these risks has become a realistic problem before us. In addition to the introduction andconclusion, this paper is divided into four parts which analyzes the legal mechanism of riskprevention and control for commercial bank personal financial services.The first part introduces the general theory of commercial bank personal financialservices and their risks. The China Banking Regulatory Commission defines the legalrelationship of the commercial bank personal financial services as a principal-agent relation,while this paper proposes that it should be defined as a trust relation. According to the causesand characteristics of the risks in commercial bank personal financial services, this paperclassifies the risks in commercial bank personal financial services as legal risk, credit risk,market risk, operational risk, liquidity risk and reputational risk. With regard to our country’srisks that the commercial bank personal financial services are facing, it is necessary to build alegal mechanism of risk prevention and control for commercial bank personal financialservices.Based on the analysis of the theory of commercial bank personal financial services andtheir risks, the second part puts forward four major problems in the legal mechanism of riskprevention and control for commercial bank personal financial services, which are theapplication of the laws, the imperfection of the legal mechanism of information disclosure,the unsoundness of the legal mechanism of internal risk control and the lack of the legal mechanism of personal credit. The analysis of these issues lays a foundation for makingrecommendations to address these issues below.Combined with the problems in the legal mechanism of risk prevention and control forChina’s commercial bank personal financial services, the third part strives to provide a usefulreference for improving our country’s legal mechanism of risk prevention and control forcommercial bank personal financial services by drawing on the advanced experience inbuilding the legal mechanisms of risk prevention and control for commercial bank personalfinancial services in America, Japan and the UK.Finally, as for the problems in the legal mechanism of risk prevention and control forcommercial bank personal financial services in our country and combining with China’sactual situation, it puts forward some proposals for perfecting our country’s legal mechanismof risk prevention and control for commercial bank personal financial services by drawing onthe advanced experience of America, Japan and the UK. In order to strengthen the riskprevention and control of commercial bank personal financial services, this paper argues thatwe should perfectthe legal mechanism of prevention and control for personal financialservices from six aspects which are the regulatory philosophy, regulatory mode, regulatorysystem, regulatory content, regulatory process and regulatory safeguard mechanism. Only byunifying these six aspects can we perfect effectively our country’s legal mechanism of riskprevention and control for commercial bank personal financial services and respond tovarious risks they are facing.
Keywords/Search Tags:Commercial Bank, Personal Financial Services, Risk Type, LegalMechanism
PDF Full Text Request
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